Initiatives 1100 and 1105

In the tasting room and everywhere we go people have been asking us about Washington State Initiatives 1100 and 1105.  Although it’s always risky to have a public opinion on something political, we thought that we would step forward and break down I1100 and how it will affect our lives.  As some of you know, we are not only the sole owners and operators of Waterville Winery, but also the owners of Ledbetter Distributing, which Lisa is the sole operator of.  Thanks to Sean Sullivan at Washington Wine Report (http://www.wawinereport.com) for inspiring us to do this.  His careful research that he published made our own that much easier.  Below is our own interpretation and opinion of the initiatives.  Without further ado…

Quick Background

We drink.  Let's just be up front about this.  We both drink and enjoy alcoholic beverages on a regular basis.  We have a winery and beer distributorship because we drink.  Our enjoyment of great beer and wine is why we started both businesses. 

After a lifelong dream of starting a winery in North Central Washington (NCW), we officially opened up Waterville Winery.  The primary driver for us was the idea of creating wine for the people.  Essentially we wanted to make great wine and sell it at affordable prices.  In the spring of 2010 we started a new business called Ledbetter Distributing.  Ledbetter's mission: "Providing Great Beer to Thirsty People".  The primary driver for this was the fact that NCW is somewhat of a wasteland when it comes to finding craft beer.

The Initiatives

We are not going to give you opinion and break down on the tax-related points of both initiatives.  Too many, better informed, people have done a great job of that than we could ever hope to do.

I-1105 – Initiative 1105 is a crock.  It was brought forth by the Washington Beer and Wine Wholesalers, of which we aren't a part of. 

Owning and running a business should be easy.  If you are a manufacturer of a product, you should be able to sell your product to whomever you think is going to provide the best value for you. 

·         That might be directly to the consumer, in state or out of state. 

·         It might be to a big warehouse store like Costco or to a small mini-mart that you ship 3 bottles of wine to every two weeks. 

·         It might also be to a distributor who you feel is working hard to grow your product and has your best interests in mind. 

To limit your choice of who you can sell to seems as anti-business as you can get.  We hope that the booze manufacturers who have products with the distributors behind this initiative are taking note.  BAD

I-1100 – This is the initiative that keeps us up at night.  It has so many changes to the liquor laws in Washington State that it cannot possibly please everyone except for those few companies that actually crafted the initiative.  Let’s break down some of the major highlights and we’ll talk about how we feel this will affect us as consumers, business people, and friends of people who will be affected.

1.       Get the state out of the spirits business.  This is a two parter because of the downstream affect that would occur:

a.       Get the state out if the spirits business.  This is long overdue.  The state does a VERY GOOD job in providing a huge selection of spirits, and for that we are thankful.  But, they do only a fair job at providing accessibility and a POOR job at working with in-state distilleries, breweries and wineries to put those products on the shelf.  If this was all that I-1100 was about, we’d be writing a check from our personal account to help the cause.  GOOD

b.      Terminate the contracts with the private stores that sell spirits.  This isn’t too bad of a deal for the private stores.  Our own local drug store privately contracts through the state and here’s how they will be affected.

·   In December 31, 2011 they will automatically get a FREE General Liquor Retailer’s license which will be valid through December 31, 2012 without payment of any fee. 

·   On January 1, 2013 they will have to pay $1,000 per year for that license (currently that price is $111 per year).  This is a nice provision for them, although their annual license cost increases dramatically. 

They will lose the ability to sell, at wholesale prices, liquor to the local restaurants and bars.  They also lose something that is tough to measure and even tougher to estimate:  accessibility.  Currently, they have over 3,000 different types of spirits that they can order from the state distribution warehouse.  There are an additional 5,000 plus items that can be ordered from the state via special order.  In the future it’s tough to say which distribution companies will actually deliver to our small town, let alone what types of spirits they will have.  Our local store relies on selling spirits to add to their income.  If that extra income drops significantly, they will have to find something else to offset it.  BAD

MIXED

2.       Any Washington distiller can distribute and sell their own product.  This is how it works for wineries and breweries now, this is a good thing and how the world should work.  We’ve watched what It’s 5 O’Clock Somewhere distillery has gone through with the state and it’s been painful to see how they have been treated by the single distributor in the state that they are allowed to sell to.    GOOD

3.       Repeal of uniform pricing of all liquor products.  It puts alcohol products on the same playing field as every other product on the store shelf.  This one kind of hurts.  It would allow us to sell our wine for one price to Store A and sell it for a different price to Store B.  This primarily helps large companies who can afford to cut prices because of volume.  The result is that it will lower prices for beverages while, in our opinion, reducing and contracting those beverages that are available to buy.  Less stuff to buy, but it’s cheaper.  MIXED

4.       Repeal laws that require retailers to pay cash on delivery.  For purely selfish reasons, this one really hurts us.  Right now we don’t have to extend credit, send out payment reminder letters or take anyone to collections.  Sure, we could put a policy in place for our companies that all goods are COD, but there will be some stores where that is a deal breaker.  This one will add more work to an already over-loaded work day.  BAD

5.       Repeal laws that regulate the giving of promotional items to retailers.  Again, for purely selfish reasons we don’t like this one bit… this will hurt the little guy.  If repealed, a store can require that we provide promotional signs, coolers, etc., before they will buy our product.  Coors and Mondovi can afford to play that game, the little winery can’t.  If a large distributor provides free beer coolers to the local store with the condition that only their products can be stored in it where does that leave room for other products?  Yes, we could also play that game, but we are a super small company whose only interest is getting great products at fair prices into the hands of consumers that want them.  We don’t have the extra money lying around to do these types of things.  This is bad for the consumer.  BAD  (note Paul Beveridge says that this is not an issue because of federal and state antitrust laws.  We have not confirmed if this is true or not.)

6.       Jack up (way up) the prices of all licenses and add an application fee for any new licensees.  OUCH, this one is way out of left field.  Washington has always been all over the map when it comes to license fees and it doesn’t appear it’s going to get any better, just more expensive.  Currently the annual license cost is either $111 for a Wine/Beer specialty license or $160 for a Grocery Store license.  The distinction will now go away and you will have a General Liquor Retailer’s license, which will cost $1,000 per year.  If you are a new store and are applying for a new license, you will also have to pay a $1,000 application fee.  Our current cost for a Beer Distribution license is $660 per year.  This will go up to $2,000 per year.  And, if you are applying for a new distribution license, there is a $2,000 application fee.  The distribution license will no longer be split into types of liquor, but will be a single license covering beer, wine and spirits.  The fee schedule for retailers and non-retailers was already as broken as can be and this simply adds to it.  BAD

 

Summary:  People who drink, have, and will continue to drink.  Passage of either initiative is not going to change that.  We started both businesses because we felt that consumers should have access to quality products at reasonable prices.  As much as the passage of I-1100 helps our craft distilleries in our state, it’s not enough to make us vote yes.  If I-1100 passes it will require us to make a significantly bigger investment in our business, due to the increase in the distributor license fee. 

Passage will simply make us always bring our A game in everything we do.  We will never be able to compete with the Australian or California wineries on price.  We will never be able to compete with the Columbia and Odom's of the world in purchasing shelf space or giving free beer coolers to local stores.  We will continue to seek out passionate breweries that make great beer who are interested in getting their beer in the hands of more stores and to the consumers who appreciate great beer. For the winery, we will continue to slowly grow our market and sell our wine wholesale only when we find a store who is excited about our wine and what we are doing. 

The final thing it would make us do is to start working with our local representatives in changing some of the license fees in order to encourage small business growth. 

Initiative 1100 tries to do too many things at once, of which some are quite harmful to both consumers and businesses in Washington State.  I-1100 is a bad idea.

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Lisa Wareham

Matt Wareham

Owners of Waterville Winery and Ledbetter Distributing